Legal News for Illinois Employers
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Affordable Care Act Update
By Peter E. Hansen, Esq.
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A few days ago, I thought to myself "You should write an update on the ACA. Everyone always wants to know what is happening with the Affordable Care Act (ACA) because it's interesting and so are you." (I shared this thought with my wife, and she categorically disagreed.)
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The most pressing question remains "will the ACA be repealed?", and the answer remains "maybe, but probably not." You may recall that a Texas District Court declared the ACA invalid in a December 2018 decision. The decision was appealed to the Fifth Circuit Court of Appeals, who has not yet decided the case (though most legal experts expect the decision to be reversed). The Department of Justice stated that it agrees with the Texas District Court's invalidation and will support it on appeal, but
no word on what, if anything, would replace the ACA in the event it is invalidated
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Contact Peter in our St. Charles, IL office at (630)377-1554 or by
e-mail
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Contact Richard in our St. Charles, IL office at (630)377-1554 or by
email
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Highlights of Labor Law Developments So Far This Year
By Richard H. Wessels, Esq.
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Here are some of the most news-worthy developments in labor law for the first months of 2019.
Local Right to Work Laws in Illinois Now Banned
Governor Pritzker on April 12, 2019, signed legislation which prohibits local governments from passing Right to Work ordinances. Right to Work laws bar employers and unions from entering into a collective bargaining agreement that requires employees to join a union as a condition of employment. This law took effect immediately.
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NLRB Rules on Rights of
Beck
Objectors
On March 1, 2019, the NLRB ruled that a private sector union may not require non-member objectors to pay for political lobbying expenses. Such employees have been known by the name of a Supreme Court case as
Beck
objectors. This case involved lobbying expenses and the NLRB held that
Beck
objectors could not be charged because the expenses were not related to collective bargaining, contract administration, or grievance adjustments.
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C
ontact Walter in our Chicago, IL office at (312) 629-9300 or by
email
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Biometric Information Privacy Act -- Getting Stranger and Stranger
By Walter J. Liszka, Esq.
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By now, every Employer in the State of Illinois is aware of the Illinois Supreme Court Decision in the
Rosenbach v. Six Flaggs Entertainment Corporation
and the State Supreme Court interpretation that, under the context of the Illinois Biometric Privacy Act, a Plaintiff does not need to show an "actual injury" to process a claim, merely establishing that the Employer has not complied with the requirements of the Act."
Those requirements are of informing Employees in writing of the specific policy for the collection of Biometric data; providing a retention schedule and guidance for permanent deletion of Biometric Information and, most importantly, procuring from the involved Employee a written release authorizing the collection of Biometric Information. If these procedures are not followed, the Employee would have a claim. As well, based on newspaper reports and an article written by this author for the Illinois Client Update,
the State Legislature is considering "amending the Biometric Information Privacy Act
to remove the private cause of action and make the Act solely enforceable by the Illinois Attorney General.
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Whether or not that Amendment will pass the Illinois Legislature is subject for debate since the Plaintiff's Lawyer's Bar seems to have a very close rapport with the Democratic Majority in the State House and Senate.
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Contact Nancy in our St. Charles, IL office at (630) 377-1554 or by
email
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Illinois Employers Should Not Go Overboard With Non-Compete Agreements
By Nancy E. Joerg, Esq.
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In order to have non-compete agreements which have a chance of being found legally enforceable by an Illinois judge, Illinois employers must carefully figure out the
scope of activities
to be restricted by their proposed non-compete agreements. Employers relying on the protection of a non-compete agreement naturally want to protect the company's legitimate business interests. The problem is that a
one-size-fits-all broad restriction
is more comprehensive than a narrow restriction but runs the extremely high risk it will be judged unreasonably broad and therefore legally unenforceable in Illinois.
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Illinois employers often want to use broad restrictive non-compete clauses, especially with higher-level key employees, in an effort to carefully protect their business interests (customer base, sales strategies, special manufacturing processes, etc.). Nonetheless, it is important to remember that
overly broad and very restrictive non-compete clauses are strongly disfavored by judges in many states, including Illinois
. Such very broad restrictive non-compete agreements may well "backfire", resulting in the complete invalidation of the entire non-compete agreement.
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Joerg Speaks To Society Of Human Resource Professionals About How To Win Ides Unemployment Insurance Hearings
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Nancy Joerg spoke to members of Illinois Fox Valley Society of Human Resource Professionals at the Association's monthly lunch meeting at the Elgin Country Club on Thursday, May 9, 2019. Nancy's presentation was titled: "
How Employers Can Win Illinois Department of Employment Security (IDES) Unemployment Insurance Hearings
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Nancy covered the following topics: Pro-business legislation that helps employers win IDES cases and hearings; strategies for employers who are protesting misconduct or voluntary leave cases; little known (and very important) exceptions to voluntary leave so employers can win; how employers can prepare for unemployment insurance hearings…and WIN!; and when it is worthwhile for employers to protest hearing decisions.
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What Should (And Should Not) Be In An Independent Contractor Agreement!
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Thursday, June 20, 2019
2:00 - 3:00 pm
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A lot of money (and disruptions to your operations) can be at stake in legal challenges to independent contractor status! Therefore, it is well worth your time to participate in this teleseminar if your company or your clients use independent contractors. This is a rare opportunity to gain valuable insight (and practical tips!) into the
best ways to lower your liability in using independent contractors
. Don't miss this fantastic teleseminar!
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For only $75 a month you will have unlimited access to Wessels Sherman attorneys who can answer these and other employment law questions. Call for a "free trial" of a month or more!
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Employment Law Questions?
Sign up for Wessels Sherman's Very Popular Telephone Program
We can help you solve these workplace issues and many more:
- Employee coming in late?
- ACA/ADA/FMLA questions?
- Can I deduct the cost for a uniform from employee pay?
- What new employee paperwork do I need?
- Accident at work?
- Do all these new laws apply to my company?
- Can I fire an employee and not be sued?
- Does our privacy policy cover internet use?
- Can my employees Tweet that?
- Employees sharing confidential information?
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What Illinois Employers Need To Know About Terminations! And How To Protect The Company!
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Join Attorneys Richard Wessels, Nancy Joerg, Joe Laverty and Tony Caruso
for our
popular half day breakfast seminar
! Limited seating! Sign up right away!
In a lovely setting, learn about
termination strategies
and employment at will in Illinois; how to terminate employees on medical leave; how to document misconduct; and the use of settlement and release agreements to reduce risks in terminations.
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Wednesday, October 23, 2019
8:00 a.m. to Noon
At the beautiful and historic Dunham Woods Riding Club, Wayne, Illinois
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What Should (and Should Not) be in an Independent Contractor Agreement!
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When: Thursday, June 20, 2019, 2-3pm
A lot of money (and disruptions to your operations) can be at stake in legal challenges to independent contractor status! Learn more about the
best ways to lower your liability in using independent contractors
.
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How to Use Severance & Release Agreements When Firing an Employee
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When: Thursday, September 12, 2019, 2-3 pm
If a company is planning on terminating an employee whom the company feels may be litigious or may be a high-risk termination, then the company may want the employee to sign a severance and release agreement.
Giving an employee severance in exchange for the employee signing a release of all claims is an
effective way a company can help avoid potential litigation
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Employee Handbooks for Illinois Employers. What Policies to Include (and Why)!
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When: Thursday, November 7, 2019, 2-3pm
Have you ever wondered
if your employee handbook is really up to date and complete
? Are you in the process of re-writing your handbook and you're not sure what you should, or should not, include? Join us to learn the true purpose of a handbook;
Illinois specific language to use
; what policies to leave out; how to treat employee benefits; and what handbooks should say about performance reviews and salary.
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Wessels Sherman has well-staffed offices with experienced attorneys to assist with our readers' legal needs in Minnesota, Wisconsin, and Iowa too. Businesses with operations/matters in these states are encouraged to call any of our attorneys for assistance. Additionally, Wessels Sherman attorneys regularly work with other lawyers as a highly cost-effective and trusted co-counsel and local counsel. Referrals are always appreciated and respected.
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Editor-in-Chief: Nancy E. Joerg, Esq.
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